Director of Public Prosecutions Renson Ingonga has warned that Kenya’s 2027 General Election could be threatened by political violence, targeted gender-based attacks and the spread of false information online, urging security and justice agencies to act before tensions escalate.
Ingonga said early cooperation among investigators, prosecutors, security agencies and other institutions would be key to preventing violence, identifying those behind election-related offences and ensuring that those responsible are taken to court.
He spoke on Wednesday during a High-Level National Election Security Roundtable Consultative Forum hosted by the Independent Electoral and Boundaries Commission (IEBC), where he said the Office of the Director of Public Prosecutions (ODPP) was ready to support preparations for an election that meets constitutional standards.
The DPP said one of the major challenges ahead of the 2027 polls would be gathering enough evidence to prosecute individuals who organise, finance or facilitate political violence.
He said investigators must move beyond accusations and ensure prosecutors receive evidence that can stand up in court.
“Unfortunately, from where I stand as a prosecutor, we deal with evidence; we don't deal directly with the truth. We use evidence to establish the truth. I would therefore urge all of us to help in this regard. You may say that this person is responsible for a particular act, but when we ask you to provide evidence linking that person to the offence, where is it? If you say this person is the one who sent someone to commit the offence, where is the evidence to prove that connection?” he questioned.
Ingonga also called for greater focus on people who recruit young and vulnerable Kenyans to take part in political violence.
He said unemployment and economic hardship could make some young people easy targets for those seeking to use them to cause chaos during election periods.
“People are unemployed, and even Sh200 can mean a lot to them. There are many young people who can be exploited in this way, so let us work together to find effective ways of countering these bonuses and preventing such exploitation,” he said.
The warning comes against the background of violence witnessed during previous election cycles.
According to the Kenya National Commission on Human Rights, 101 people were killed, 247 injured and 37 cases of property damage were recorded in connection with election-related violence during the 2017 election period.
The number of deaths fell during the 2022 election cycle, with KNCHR recording seven deaths, compared with 99 in 2017. Three of the deaths occurred during the campaign period, while four were recorded during and after the polls.
Despite the lower number of deaths, other forms of election-related violence remained a concern.
A US government human rights report, citing FIDA Kenya, said 1,746 incidents of election-related sexual and gender-based violence were recorded between April and September 2022.
The report said verbal abuse and hate speech made up 54 per cent of the incidents, while cyberbullying accounted for 23 per cent.
Ingonga said the growing use of digital platforms had also created another area of concern, with false information and incitement capable of reaching large numbers of people during an election period.
He referred to Sections 22 and 23 of the Computer Misuse and Cybercrimes Act, which criminalise the publication of false information and the unauthorised publication of intimate images.
However, he said both provisions had been declared unconstitutional, presenting difficulties for prosecutors dealing with some forms of online activity.
The DPP said the ODPP had engaged Parliament over proposed changes aimed at addressing gaps in laws dealing with public-order offences.
The proposed amendments seek to restore provisions on incitement to violence and creating disturbances likely to cause a breach of the peace, which had previously been declared unconstitutional by the courts.
The IEBC's assessment of the 2022 election showed that election-related violence had reduced compared with previous polls, although cases of insecurity and violations of electoral rules were still reported.
Ingonga said the ODPP was prepared to deal with electoral offences as they arise, noting that the office has prosecutors in all 47 counties.
He said prosecutors would assess investigations independently and objectively and would not allow political considerations to influence decisions on whether suspects should be charged.
The office will also strengthen the capacity of prosecutors handling election-related cases as the country prepares for the 2027 polls.
“A credible election depends heavily on public confidence in our security and legal institutions, and we are committed to ensuring that all perpetrators of electoral crimes, regardless of their political standing, are held accountable under the law without delay.”
Ingonga urged investigators to collect complete and admissible evidence, warning that poorly prepared cases could make it difficult to hold perpetrators of electoral offences accountable.
He said continued cooperation between the IEBC, security agencies, prosecutors and civil society would be important in protecting the electoral process and ensuring the 2027 election is conducted peacefully and in line with the law.